Hatchetman
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You are in a difficult spot. I understnad your managers' concerns for th eemplyee. But, you really can't force anything at this point. What you can do is to document the poor performance, ask the emplyee for an explanation or why he sees his per…
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Yes, you need to pay her her full salary for any part day's work, except that time for which she is absent under FMLA. The provision for deducting FMLA- hours missed from an exempt employee's salary is in FMLA, not FLSA. Thus, even if you're allow…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-21-02 AT 12:51PM (CST)[/font][p]Don't act on "we know he is playing the system." Firstly, he may be disabled under ADA. How do you know that he hasn't lost any ability to perform major life activit…
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For most situations, being overwight is not automatically a disability. There may be a few unusual situations that being overweight could fall under ADA, but that certainly, at this point isn't the case here (the only reason I mention it is to make…
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If the college is public, then Title II of ADA -- governmental services -- is the controlling legilsation, or possibly Section 504 of the Vocational Rehabilitation Act of 1973. If it's a private institution, then Title III of ADA -- Pubvlic Accommo…
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On what basis are you determining that the employee's medical condition doesn't allow her to perform the duties of the job without undue risk to herself or others? posiiton? You mention industrial injuries. Are the medical reports on those saying …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-28-02 AT 05:04PM (CST)[/font][p]If ADA and/or FMLA (or similar laws in your state) are applicable, I would make sure that all of your managers and uspervisors kow of your policies and procedures on, a…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-09-02 AT 07:37PM (CST)[/font][p] Remember, the original provisions of the 1973 Rehabilitation Act, Section 504 (and related regulations), and then ADA and related EEOC regulations, in identifying majo…
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The issue of whether allowing her to work at home not being in the best interest of the company isn't a basis for deciding to deny the request. Like any other accommodation, you need to look at whether or not it's effective and whether or not there…
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Cancer has been held in individual cases to be a qualifying medical impairment under ADA. However, you need of course to make the specific assessment for this individual. Medical impairments under ADA don't have to be permanent. They can be temp…
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Tears welled up in my eyes when I read the ersatz-Don's "creampuff" response. Sniff...sniff x:-(
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[font size="1" color="#FF0000"]LAST EDITED ON 07-18-02 AT 08:13PM (CST)[/font][p]I agree with Ms. Gegen's post. When an employee returns to work, that means that he or she is ready, willing and able to work, to the extent that the doctor "releases"…
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I suspect that EEOC and the courts would probably look to a licensed healthcare professional who has the legal ability to diagnose a medical condition as the appropriate indivdual to provide the needed information to the employer. The licensed prof…
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Without getting into whether or not the husband is disabled, it is against ADA (and maybe some state laws) for an employer to discriminate against an employee or applicant (disabled or non-disabled) on the basis of that person's association with an…
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Well, then start the process to determine if she is ADA qualified and if so what reasonable accommodations woudl be do-able that would allow the emplyee to return to work now or in a reasonable period of time. You won't know that until you get so…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-21-02 AT 04:30PM (CST)[/font][p]I assume your company is covered under ADA -- that you have 15 or more employees -- and that FMLA was appropriate, although, you may need to re-check that. What was th…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-31-02 AT 06:19PM (CST)[/font][p]Tammy, have you given up on FMLA to allow her time off in the morning? This would mean though that you don't adjust her work day to make up the lost time. Are you now…
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Mea culpa... x:o x:-8
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[font size="1" color="#FF0000"]LAST EDITED ON 07-24-02 AT 02:01PM (CST)[/font][p]"Obsessive-compulsive disorder" has in specific cases been held to be a disaiblity under ADA for THAT individual. Like every other impairment contemplated by ADA, the …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-16-02 AT 06:32PM (CST)[/font][p]I will assume all the ADA hurdles have been jumped and the question is simply the one you identified. My response is "yes" because ADA requires individual assessments …
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If her doctor states that the CTS causes her a serious health condition as desrbed in FMLA, then she would be entitled to intermittent or reduced FMLA leave to the extent tht she has 12 weeks of that, or any part of the 12 weeks, available to her (I…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-20-02 AT 01:32PM (CST)[/font][p]While there is NO definitive description in ADA or EEOC regulations on what a "major life function" is, the examples that are given in ADA and by EEOC and in court case…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-23-02 AT 07:55PM (CST)[/font][p]I agree with Mr. Sokolowski. The confusion I think comes about because alcoholism has been held to be a disability but there is no specific requirement that addresses …
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[font size="1" color="#FF0000"]LAST EDITED ON 09-05-02 AT 07:03PM (CST)[/font][p]If the employer has documented a disability or a medical condition and has reason to believe it is causes or contributes to the work problem at hand, then the employer …
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[font size="1" color="#FF0000"]LAST EDITED ON 02-13-02 AT 00:23AM (CST)[/font][p]I'm not quite sure what a "release" authorization will do for you in this situation. If the employee is requesting reasonable accommodation on a claim of disability, a…
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at the time of appointment, some one who carries a gun in public as part of his or her duties, I have always felt, should not only have a medical examination to make sure of the ability to executive those duties, but a psychological examination to…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-13-02 AT 03:54PM (CST)[/font][p]Do you do medical evaluations as part of the hiring process -- in other words for those physically demanding jobs, do you have a medical examination based upon the dema…
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I would have to take some issue with you on the concept of whether modifying the work hours because of the employee's medical condition is't a reasonable accommodation. But before addressing change in the work schedule and reasonable accommodation …
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For ADA purposes, no. The definition under ADA of a disability is whether or not the medical condition (either physical or psychological) significantly impairs one or more major life activities. "Significantly impairs" is compared to the average i…
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Since the employee has offered up a medical reason for the poor performance by claiming that he has diabetes that contributes to the poor work, it is proper for you to go through the interactive process to come to a conclusion of whether or not the …